The Graduated Response and Data Caps: Examining Legal and Commercial Controls for Infringing P2P in New Zealand

摘要

The music and movie industries have long decried peer-to-peer file-sharing technology (P2P) as the latest and greatest threat to their bottom line. The copyright infringement occurring over P2P networks has provoked and continues to provoke a litigious response by these industries, referred to collectively herein as "the Industry". In the United States, more than a decade has passed since the major record labels initiated copyright infringement litigation against Napster that would drive that company into bankruptcy. Eight years have passed since the Recording Industry Association of America (RIAA) launched its legal campaign against individuals, dragging internet service providers (ISPs) into the fight for refusing to disclose customer identities. Five years have passed since the Motion Picture Association of America (MPAA) announced its legal campaign against torrent tracker sites and newsgroups.